House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 17th January 2008
205

Housing and Regeneration Bill, continued

Mr Nick Raynsford

Lembit Öpik

Andrew George

42

Clause  173,  page  68,  leave out lines 22 and 23.

Sir George Young

Lembit Öpik

Andrew George

9

Clause  173,  page  68,  line  24,  at end insert—

‘(m)
facilitating timely provision of adaptations to tenants’ homes for a

disabled occupant (whether by means of assistance provided under Part

1 of the Housing Grants, Construction and Regeneration Act 1996 (c. 53)

or otherwise).’.

Mr Nick Raynsford

Lembit Öpik

Andrew George

43

Clause  173,  page  68,  line  24,  at end insert—

‘(3)
In setting standards the regulator shall have regard (among other matters) to

landlords’ contribution to the environmental, social and economic well-being of

the areas in which their property is situated.’.

Mr Nick Raynsford

Lembit Öpik

Andrew George

46

Clause  173,  page  68,  line  24,  at end insert—

‘(3)
No standard may be set that would require a registered provider to act in any way

that is inconsistent with—

(a)
its rules, memorandum and articles of association, or equivalent

governing instrument;

(b)
any legal or contractual commitment, including any loan covenant, for

the time being binding upon it; or

(c)
or if applicable, its status as a charity (whether or not it is registered as

such).’.

Mr Iain Wright

230


Clause  174,  page  68,  line  26,  leave out ‘non-profit’.

Mr Nick Raynsford

47

Clause  174,  page  68,  line  27,  at end insert—

‘(2)
In setting standards, the regulator shall have regard (among other matters) to

providers’ contribution to the environmental, social and economic well-being of

the areas in which their property is situated.’.

Public Bill Committee: 17th January 2008
206

Housing and Regeneration Bill, continued

Mr Nick Raynsford

Lembit Öpik

Andrew George

48

Clause  174,  page  68,  line  27,  at end insert—

‘(2)
No standard may be set that would require a registered provider to act in any way

that is inconistent with—

(a)
its rules, memorandum and articles of association, or equivalent

governing instrument;

(b)
any legal or contractual commitment, including any loan covenant, for

the time being binding upon it; or

(c)
if applicable, its status as a charity (whether or not registered as such).’.

Mr Iain Wright

231


Clause  174,  page  68,  line  27,  at end insert—

‘( )
In respect of profit-making registered providers, standards may be made in

relation to the management of their affairs only so far as relating to the provision

of social housing.’.

Mr Iain Wright

232


Clause  176,  page  68,  line  38,  after ‘standards’ insert ‘or issuing, revising or

withdrawing a code of practice’.

Mr Iain Wright

233


Clause  176,  page  68,  line  41,  at end insert—

‘( )
one or more bodies appearing to it to represent the interests of secured

creditors of registered providers,’.

Mr Nick Raynsford

Lembit Öpik

Andrew George

49

Clause  177,  page  69,  line  8,  at end insert—


‘provided that any such directive is consistent with the regulator’s fundamental

objectives as defined in section 86.’.

Mr Iain Wright

234


Clause  177,  page  69,  line  8,  at end insert—

‘( )
In deciding whether to give a direction the Secretary of State shall, in particular,

have regard to the regulator’s fundamental objectives.’.

Public Bill Committee: 17th January 2008
207

Housing and Regeneration Bill, continued

Mr Iain Wright

235


Clause  177,  page  69,  line  15,  at end insert—

‘( )
A direction may disapply the requirement to consult under section 176 in relation

to specified matters.’.

Mr Iain Wright

236


Clause  177,  page  69,  line  17,  after ‘publish’ insert ‘—

( )
each proposed direction that is the subject of a consultation,

( )
each response to a consultation, and

( )
’.

Mr Iain Wright

237


Clause  177,  page  69,  line  18,  leave out subsection (5).

Mr Nick Raynsford

Lembit Öpik

Andrew George

50

Clause  178,  page  69,  line  21,  leave out subsection (1) and insert—

‘(1)
The regulator may exercise its powers as set out in Chapters 6 and 7 in order to

secure the proper management of the affairs of a registered provider. In

considering whether mismanagement or misconduct has occurred, the regulator

may have regard (among other matters) to the extent to which the standards are

being or have been followed.’.

Mr Iain Wright

238


Clause  178,  page  69,  line  26,  at end insert—

‘( )
Standards may be expressed by reference to documents prepared by others.’.

Mr Iain Wright

239


Clause  180,  page  70,  line  24,  at end insert—

‘( )
Proceedings for an offence under this section may be brought only by or with the

consent of—

(a)
the regulator, or

(b)
the Director of Public Prosecutions.’.

Public Bill Committee: 17th January 2008
208

Housing and Regeneration Bill, continued

Mr Iain Wright

240


Clause  181,  page  70,  line  26,  after ‘may’ insert ‘arrange for an inspector to’.

Mr Iain Wright

241


Clause  181,  page  70,  line  26,  after ‘inspect’ insert ‘—

(a)
’.

Mr Iain Wright

242


Clause  181,  page  70,  line  27,  at end insert ‘, or

(b)
the financial or other affairs of a registered provider.’.

Mr Iain Wright

243


Clause  181,  page  70,  line  27,  at end insert—

‘( )
“Inspector” means one or more members of the regulator’s staff, or other persons,

authorised in writing by the regulator for the purposes of conducting the

inspection.’.

Mr Iain Wright

244


Clause  181,  page  70,  line  27,  at end insert—

‘( )
After carrying out an inspection an inspector must produce a written report.

( )
The regulator—

(a)
must give the registered provider a copy of the report, and

(b)
may publish the report and related information.’.

Mr Iain Wright

245


Clause  181,  page  70,  line  29,  leave out subsection (3).

Mr Iain Wright

246


Clause  181,  page  70,  line  37,  leave out ‘and’.

Mr Iain Wright

247


Clause  181,  page  70,  line  39,  at end insert—

‘( )
the Audit Commission for Local Authorities and the National Health

Service in England, and

( )
such other persons as the Secretary of State thinks appropriate.’.

Mr Iain Wright

248


Clause  183,  page  71,  line  17,  leave out ‘in relation to social housing’.

Public Bill Committee: 17th January 2008
209

Housing and Regeneration Bill, continued

Mr Iain Wright

249


Clause  183,  page  71,  line  22,  after ‘they’, insert ‘and the members of their family’.

Mr Iain Wright

250


Clause  184,  page  71,  line  28,  at end insert—

‘( )
The inquirer may consider the affairs of a profit-making registered provider only

so far as relating to social housing.’.

Mr Iain Wright

251


Clause  184,  page  71,  line  33,  leave out ‘publish’ and insert ‘arrange for the

publication of’.

Mr Iain Wright

252


Clause  185,  page  72,  line  2,  leave out from ‘to’ to end of line 5 and insert ‘provide

specified documents or information.’.

Mr Iain Wright

253


Clause  185,  page  72,  line  6,  leave out subsection (2) and insert—

‘(2)
The notice may, in particular, require evidence to be given on oath (and the

inquirer may administer oaths for that purpose).’.

Mr Iain Wright

254


Clause  185,  page  72,  line  8,  leave out ‘to persons’ and insert ‘documents’.

Mr Iain Wright

255


Clause  185,  page  72,  line  11,  leave out ‘(4), (5), (6) and’ and insert ‘(3) to’.

Mr Iain Wright

256


Clause  186,  page  72,  line  21,  at end insert—

‘( )
The revenue accounts of a registered charity may be audited under this section

only insofar as they relate to its housing activities.’.

Public Bill Committee: 17th January 2008
210

Housing and Regeneration Bill, continued

Mr Iain Wright

257


Clause  188,  page  72,  line  33,  at end insert—

‘( )
The regulator may not consent to an amendment which it thinks would turn the

society into a profit-making organisation.’.

Mr Iain Wright

258


Clause  190,  page  73,  line  12,  at end insert—

‘( )
The regulator may not consent to an amendment which it thinks would turn the

company into a profit-making organisation.’.

Mr Iain Wright

259


Page  73,  line  17,  leave out Clause 191.

Mr Iain Wright

260


Clause  194,  page  74,  line  11,  leave out from ‘may’ to end of line 13 and insert

‘refer to accreditation under this section.’.

Mr Iain Wright

261


Clause  196,  page  74,  line  28,  at end insert—

‘( )
Case 2A is where the registered provider has failed to comply with an earlier

enforcement notice.’.

Mr Iain Wright

262


Clause  196,  page  74,  line  28,  at end insert—

‘( )
Case 2B is where the registered provider has failed to publish information in

accordance with a requirement under section 205(2A) or 217(2A).’.

Mr Iain Wright

263


Clause  196,  page  74,  line  33,  at end insert—

Public Bill Committee: 17th January 2008
211

Housing and Regeneration Bill, continued

‘( )
Case 5A is where the registered provider has failed to pay an annual fee under

section 113(2).’.

Mr Iain Wright

264


Clause  197,  page  75,  line  11,  at end insert—

‘( )
The action specified in an enforcement notice may include publishing the notice

in a specified manner.’.

Mr Iain Wright

265


Clause  198,  page  75,  line  34,  after ‘224’ insert ‘, 226’.

Mr Iain Wright

266


Clause  204,  page  77,  line  2,  at end insert—

‘( )
Case 4A is where the registered provider has failed to pay an annual fee under

section 113(2).’.

Mr Iain Wright

267


Clause  205,  page  77,  line  19,  leave out ‘and’.

Mr Iain Wright

268


Clause  205,  page  77,  line  19,  at end insert—

‘( )
how the penalty must be paid.’.

Mr Iain Wright

269


Clause  205,  page  77,  line  20,  at end insert ‘, and

( )
any interest or additional penalty which, by virtue of section 211(2), is

payable in the event of late payment.’.

Mr Iain Wright

270


Clause  205,  page  77,  line  20,  at end insert—

‘(2A)
The notice may require the registered provider to publish information about the

penalty in a specified manner.’.